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06-15-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 June 15, 2004 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson, Director Mike Phillips Mary V. Bradley, Secretary Carter Porter Chris Seely Kathy Spillyards Commission Members Absent: Don Hughes William Chapman CALL TO ORDER Chairman Seely called the meeting to order at 7:05PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Porter led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the June 1, 2004 Regular Meeting. A motion was made by Commissioner Porter, and seconded by Commissioner Phillips, to approve the minutes as submitted. Motion carried 5 —0. P &Z Commission Meeting June 15, 2004 ... Page 2 of 5 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Sage Creek Phase 8 Addition. Subject being all of a certain 45.711 acre tract of land generally located east of Springwell Parkway and the Sage Creek Phase 4 Addition and north of F.M. 544, being a part of that tract of land described in a deed to Perry Easterling as recorded in Volume 2258. Page 917, Deed Records of Collin County, Texas, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat under consideration includes 45.711 acres and will create 111 single-family residential lots, as well as public park land and a trail corridor along Muddy Creek. The subject property was rezoned in March of 2004 as a Planned Development District (PD 04-11), and an addition and continuation of the larger Sage Creek development. The original Sage Creek Addition was established by a Planned Development District in 1999. The current Planned Development District (PD 04-11) differs from both the earlier PD and standard code requirements. It requires a minimum lot size of 6,000 square feet, but 54% of the lots must be larger than 7,200 square feet and nearly 10% must be one acre or larger. The Plat conforms to these regulations. As submitted, however, the Final Plat does not provide an adequate second point of access/egress for emergency circulation, and Wylie requires at least two points. Thompson explained that the applicant is negotiating several alternative access points other than the unacceptable one shown on the Plat. Prior to acceptance of the subdivision infrastructure and filing of the Plat, an approved second point of access must be provided. A motion was made by Commissioner Phillips, and seconded by Commissioner Byboth, to recommend approval of the Final Plat for the Sage Creek Phase 8 Addition to the City Council. Motion carried 5 —0. Due to a conflict of interest on the next agenda item, Chairman Seely departed the Council Chambers at 7:16 PM. Vice-Chairman Porter continued with the meeting. 2. Consider a recommendation to the City Council regarding a Final Plat for the Woodbridge Phase 9 Addition. Subject property being all of a certain 48.824 acre tract of land generally located west of Sachse Road and south of Pleasant Valley Road (C.R 378), being a part of that tract of land described as Tract II in a deed to Woodbridge Properties, LLC as recorded in County Clerk's File No. 2001-0127082, Volume 5019, Page 1025 of the Land Records of Collin County, Texas, and part of the tract described in a deed to Woodbridge Properties, LLC as recorded in the County Clerk's File No. 97-0032076 of the Land Records of Collin County, Texas, and being situated in the Richard Newman Survey, Abstract No. 660, City of Wylie, Collin County, Texas. P &Z Commission Meeting June 15, 2004 Page 3 of 5 Thompson stated that the subject Final Plat includes 48.824 acres and will create 230 single-family residential lots. The subject property is a continuing portion of Woodbridge Planned Development (PD 98-15), which consists of mixed-uses with Single-Family Residential of varying densities, Multifamily Residential, a private golf course, commercial, a school site, and a park and common open spaces. The current addition is Phase 9 of the Woodbridge development, but is the first residential phase entirely within the City of Wylie. A landscaped entry feature and common areas/open spaces is included and will be owned and maintained by Homeowners Association. Lot sizes range in size from a minimum 5,500 square feet to over 7,500 square feet in compliance with the PD. Only one point of access/egress is current provided by the Plat. Creek Crossing and Lost Highlands Lanes will serve as collectors constructed with 37 feet of pavement and will eventually be extended to connect, respectively, with Sachse Road within the City of Sachse and with Alanis Drive within Wylie to the north. The applicant has agreed to prohibit parking on Creek Crossing and Lost Highlands Lane until a permanent second point of access is established and before the future phases are approved. Commissioner Phillips questioned the screening of the lots on Lost Highlands and Creek Crossing. Ashley Frysinger, Kimley-Horn and Associates, 12700 Park Central, Suite 1300, Dallas, Texas, represented the engineer for the subdivision, stated that there is wall screening on Lost Highlands and Creek Crossing. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to recommend to the City Council approval of Final Plat for Woodbridge Phase 9 Addition. Motion carried 4 — 1, with Chairman Seely abstaining. Chairman Seely re-joined the meeting at 7:23PM. 3. Consider a recommendation to the City Council regarding a Final Plat for the Creekside Estates Phase 3 Addition. Subject property being all of a certain 38.173 acre tract of land generally located west of McCreary Road and Creekside Estates Phase 2 Addition and north of McMillen Road and Creekside Estates Phase 2 Addition, being a part of that tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4137, Page 1120, Deed Records of Collin County, Texas, and being situated in the John H. Mitchell Survey, Abstract No. 589 and the L.M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create 82 single-family residential lots, as well public park land, developed on 38.173 acres. The Plat conforms to the requirements of the Planned Development District (PD 99-32). The rezoned, the PD included a total of 327 acres of mixed uses including approximately 805 detached single-family residential lots of varied sizes, 18 acres of multi-family residential and 12 acres of commercial. The Conditions of the Planned Development District provide that the minimum size of lots in this Phase shall be 8,500 square feet, and all lots exceed 8,800 square feet. P &Z Commission Meeting June 15, 2004 Page 4 of 5 Chairman Seely noted that a utility easement is included in Phase 2, but the continuation of this easement is not shown on the subject Plat. Thompson stated that franchise utilities are the last to be put into a development and are not yet available, but the as-built of the Plat that is filed with the County will include the easement. A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to recommend approval of the Final Plat for Creekside Estates Phase 3. Motion carried 5 - 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Neighborhood Services (NS) on Tract 1 and from Agriculture (A) to Single- Family Residential (SF-1A/26) on Tract 2. Subject property being all of a certain 14.7697 acre tract of land generally located east of Troy Road and north of County Line Road, being a part of a tract deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44, Page 204 of the Deed Records of Rockwall County, Texas and being a part of a tract conveyed to Lola M. Kinser as recorded in Volume 40, Page 591 of the Deed Records of Rockwall County, Texas, and situated in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas. (Zoning Case 2004-11) Thompson stated that the subject property totals 14.7697 acres, and is undeveloped forest and pasture lands. The property is part of a nearly twenty (20) acre tract under the same ownership. This larger tract is traversed by a major electric transmission line of the Garland Power and Light Company which is the corporate jurisdiction of the City of Garland and cannot be zoned by Wylie. The applicant is requesting straight zoning of the subject property as two (2) separate tracts and zoning classifications. Tract 1 is to be zoned for Neighborhood Services (NS) and comprises of 4.7664 acres and fronts Troy Road. Tract 2 is to be zoned Single-Family 1A Residential (SF 1 A/26) which allows lots of one acre, although the applicant anticipates developing it in two lots of 5 acres each on 10.0033 acres. Thompson reviewed the Comprehensive Plan recommendations for the entirety of the subject property and stated that the requested Neighborhood Services of Tract 1 does not conform to the current Plan but that the Plan envisions the entirety of the subject property as Suburban Residential uses. The proposed retail is too close to a tract already zoned for retail just to the northeast of Tract 1. The 10 acre Tract 2 will be divided into only two (2) lots of 5 acres each, and basically conforms to the current Comprehensive Plan. Staff recommends denial of the retail requested on Tract 1 but recommends approval of Tract 2 for one-acre lots. Harry James, Red Group Development, 1771 International Parkway, Suite 127, Richardson, Texas, represented as the applicant of the subject property, requested that the zoning request be withdrawn, stating that the requested retail is needed to make the project economically viable. The applicants believed that the City staff supported the retail as conforming to the philosophy of the Comprehensive Plan. A motion was made by Commissioner Phillips, and seconded by Commissioner Byboth, to accept withdrawal of the zoning request. Motion carried 5 —O. Chairman Seely adjourned the meeting for a short break at 8:10PM. The meeting was reconvened at 8:20PM. P &Z Commission Meeting June 15, 2004 Page 5 of 5 WORK SESSION 1. Consider certain revisions to Comprehensive Plan. Thompson distributed several resources which support the philosophy of Wylie's Comprehensive Plan. These included an Editorial from the Dallas Morning News/Collin which encouraged the "neighborhood approach" (described as "several subdivisions and apartments around a corner retail") to protect the historic character of small towns as they grow into suburbs (and discouraging too strict codes which result in"everything looking the same"); a diagram of the classic"Neighborhood Plan" which locates all residences within 'A mile of retail services with apartments near retail; and a national article which explains and encourages "The New Urbanism" which calls for a "town center" with compact residential areas within walking distance of the retail, narrow curving streets which discourage vehicles and a variety of dwelling types and sizes. Commissioners then discussed these concepts, using Wylie's Com Plan as a base. After much discussion, the Commissioners generally discouraged continuing the Plan's "Village Center" philosophy, because it resulted in too much scattered retail and too much higher-density apartments and small lots. Commissioners concluded that larger retail centers should be located at major intersections and sometimes the VC could be a school or park magnet rather than commercial, and that different residential density patterns and housing types should be recommended around each VC depending on the existing character of each area. Cars must be accommodated because Texas people are not going to walk or ride bikes, and the regulations of the Zoning Ordinance need to be made even more flexible to encourage different designs. The existing retail centers are now about one mile apart on the Comp Plan (the spacing of major thoroughfares), and Commissioners started to suggest which of retail could be omitted. Thompson stated that the Plan must be rational in order to be legally defensible, and had to have a clear underlying philosophy. He summarized the Commission's current philosophy as locating larger retail centers only at intersections of major thoroughfares, and maintaining the large-lot, lower-density Country Residential around most, unless some existing zoning encourages otherwise (as with Pheasant Creek and Bozeman)—and this generally supports the current Plan's Map if not philosophy. New Commissioners will be seated at the next meeting, so no decision was made until the new members can be made aware of the previous discussions. ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to adjourn the meeting at 9:30PM tc.ciL) Chris ee1y, Chairman Ma Bra ey, Secretary MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 July 6, 2004 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson, Director Dave Hennesey Mary V. Bradley, Secretary Don Hughes Carole Ehrlich, City Secretary Dennis Larson Mike Phillips Chris Seely Commission Members Absent: Kathy Spillyards SPECIAL CEREMONY TO SWEAR-IN AND SEAT THE NEW COMMISSIONERS BY THE CITY SECRETARY City Secretary Carole Ehrlich administered the oath of office to new Commissioners Dave Hennesey and Dennis Larson and reappointed Commissioners Don Hughes, Mike Phillips, Chris Seely. CALL TO ORDER Chairman Seely called the meeting to order at 7:04PM. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Seely gave the invocation and Commissioner Byboth led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the June 15, 2004 Regular Meeting. A motion was made by Commissioner Phillips, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 6—0. P & Z Commission Meeting July 6, 2004 Page 2 of 5 PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) to Community Retail (CR) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being generally located in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of land out of a larger called 3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie, Collin County, Texas. (Zoning Case 2004-12). Thompson stated that in March of 2004, T-Mobile applied for a Specific Use Permit (SUP) to install a telecommunications tower, antenna and equipment at 117 Cooper Drive, generally to the rear of the new Walgreens. Because this earlier requested site is within Wylie's planned new central business district, the Planning and Zoning Commission recommended denial and City Council tabled the request encouraging the applicant to investigate alternative locations for the tower. The current zoning request is a response to that request to look at other sites, and only one of the sites will be approved for an SUP. The proposed tower is part of a larger parent tract of approximately 3.95 acres. The subject property is owned by the same development group which created the Albertsons and Home Depot facilities, and is currently zoned Community Retail (CR) District. Telecommunications Microwave Towers are allowed within the CR District only with an approved Special Use Permit (SUP). The property has never been developed and has never been platted into an official lot of record. The tower and requested SUP will occupy a leased area of 617 square feet (0.014 acre) to the extreme rear or south of the parent lot, as well as 12 foot access easement along the west property line to F.M. 544. There are currently no plans for future development of the remainder of the property. Contrary to notes on the plans submitted by the applicant, the floodplain has been removed, and the property has the potential of supporting a variety of commercial uses. The tower site abuts the KCS/DART railroad corridor and State Highway 78. A major drainage channel and relocated rail tracts bound the subject property on the south and separate it from S.H. 78. The north side of S.H. 78 cannot be developed in this area. The facility will comply fully with all regulations of the Zoning Ordinance. The tower will be a tapered monolithic pole with no supporting guy wires, and stand a maximum of 120 feet high. All antennas will be enclosed within the pole, rather than attached to the outside as are most existing antennas within Wylie. Electrical and telecommunications equipment will be located within metal cabinets on a raised steel platform, and both the cabinets and tower will be enclosed within a masonry wall (contrary to the wire mesh and barber wire noted on the plans). A concrete drive and parking within an easement will provide access between the facility and F.M. 544. Commissioner Hughes questioned if the trees would be removed which are located on the west of the subject property. Thompson stated that the trees on the west side will not be impacted by the development of the tower. Chairman Seely questioned the screening. Thompson stated that screening will be an 8-feet high masonry wall. P &Z Commission Meeting July 6, 2004 Page 3 of 5 Chairman Seely opened up the Public Hearing. John Rooney, 2618 Woods Lane, Garland, Texas, represented the applicant T-Mobile, distributed and discussed several exhibits. A map illustrated the locations of the two proposed towers and property owners with whom the applicant has discussed available of a lease for the tower, and Rooney reported that all owners had either declined or been available for response. Other maps revealed the gap in coverage around the proposed sites of the proposed telecommunication tower; with one showing the gap in coverage without the new tower and the other showing complete coverage with a tower. The Telecommunications Act of the Federal Government reserves to municipality the right to exercise zoning authority over these types of cases but with certain restrictions. Local regulations cannot unreasonably discriminate against providers, and the Fifth Circuit Court has recently ruled that generalized concerns over property values and aesthetics do not constitute sufficient evidence for denying towers as long as reasonable construction requirements were met. Commissioner Byboth complimented the applicant for pursuing other sites and offering a compromise to the location presented in March. Commissioner Hughes expressed support for the current site, comparing it to other tower sites recently approved by the Commission. Commissioner Phillips questioned the height of the tower and enclosure as noted on the plans. Rooney stated that no part of the tower or attached antennas will exceed 120 feet. The screening will be 8-foot cinder block masonry wall, and will conform to the requirements set forth by the City. Chairman Seely questioned the ability for other providers to co-locate antennas on the tower with the T-Mobile antennas being enclosed. Mr. Rooney stated that most carriers have similar technology and will be able to co- locate, however Nextel and some few other providers could not currently use the proposed tower. With no one else wishing to speak on the application, Chairman Seely closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval with the following stipulations: the tower be 120 feet maximum, the screening be an 8-feet high split-faced concrete masonry unit wall, and all antennas be enclosed. Motion carried 6—0. Chairman Seely adjourned the meeting at 7:54PM. The meeting was reconvened at 8:00PM. WORK SESSION Thompson reminded Commissioners of the orientation with City Attorney on Open Records/Open Meetings Laws, to held in the Council Chambers on Thursday, July 8, 2004, at 6 PM. Thompson encouraged Commissioners to attend the Small Town Planning Workshop, on Saturday, July 17, 2004, from 8 AM to 3 PM at the McKinney City Hall. Commissioners Seely, Hennesey and Larson expressed interest in attending. P &Z Commission Meeting July 6, 2004 Page 4 of 5 Thompson led a discussion of the philosophy and potential revisions to the Comprehensive Land Use Plan. He first reviewed D Magazine's ranking of the top 53 suburbs, especially criteria which relates to land use. Wylie is ranked 29th over, but is the 6th fastest growing, has the 2nd youngest population. We have the 4th lowest population density, and 6th highest proportion of park land to population. We have the 5th lowest average house value, but the 5th highest house annual rate of appreciation. Only 60% of the houses are owner-occupied, the 6th lowest proportion. The poor results of the WISD were largely responsible for the overall lower rating. He concluded that this rating was fairly good overall, and that Wylie would rate higher with different criteria. He also discussed several articles previously shared with the Commission. The diagram of the classic neighborhood planning concept is much like that on which Wylie's Comprehensive Plan is based. The Urban Land Institute's article on New Urbanism promotes several criteria of Wylie's Plan and Zoning, including pedestrian-scale neighborhoods, distribution of land uses and layout of streets/parking which discourage the use of the automobile and restore a sense of community, and encourage a variety of dwelling types. Wylie's Plan and code also differ from the New Urbanism theory in several regards, such as wider streets and masonry siding. The Dallas Morning News article on the City of Phoenix providing free benches so that residences will sit on their porches more and look out for potential crime supports Wylie's requirement for porches on all residences. Thompson reviewed the a-mails from citizens which generally called for elimination of additional multi-family densities and substituting other uses around the retail centers. Some called for limiting neighborhood retail Village Centers. Thompson reminded the Commissioners that Wylie needs additional retail opportunities both to provide local shopping for the population and sales tax to relieve the property tax. No land use can be excluded from consideration, but the Comprehensive Plan and Zoning must accommodate all potential uses in some fashion. Thompson then reviewed the Comprehensive Plan for Frisco, noting similarities to the Wylie Plan. 15% of Frisco's land is allocated to retail uses, much more than allocated by the Wylie Plan and a similar hierarchy of commercial scales and densities is planned. The Frisco Plan recommends retail and apartments at almost every major intersection, like the Village Centers of Wylie's Plan. Single-family residential densities range to 5.75 dwellings per acre, higher than Wylie's approximate 4 per acre, and apartments may be as dense as 18 and 23 units per acre compared to Wylie's 15 units. Thompson concluded that the philosophies of the two Plans are very similar, and asked what Commissioners want to change. Chairman Seely distributed and discussed the Comprehensive Plans for McKinney and Southlake, also noting that these Plans are very similar to Wylie's. McKinney's Plan recommends "Community Villages" at most major intersections, including retail and apartments much like Wylie's Village Centers. Retail uses are also stretched along most regional thoroughfares, and housing densities are to be mixed to "provide for different lifestyle choices and balance the tax base". Southlake has built a new central business district which consolidates most commercial uses and cultural activities, and calls for more diversity of uses and development styles within residential and nonresidential planned to "limit the impact of the automobile" and "protect the feeling of rural openness". The Southlake Plan recommends much lower residential densities than Wylie and Frisco, from less than one dwelling per acre to no more than 5 dwelling per acre with no apparent accommodation for higher densities and multi-family. Southlake codes emphasize special design details and performance standards much like Wylie's incentive zoning. P &Z Commission Meeting July 6, 2004 Page 5 of 5 Commissioners discussed their desires for the Wylie Comprehensive Plan. Commissioner Byboth stated that curved streets should be encouraged rather than a rigid grid layout to calm traffic, and that regulations should required higher value of residential construction. He suggested that the larger yard setbacks may be wasted space, adding costs but not achieving the desired appearance of wide open spaces. Commissioner Hennesey recommended suggested that new residents are looking for higher quality but a rural small town character, and the Plan and regulations should encourage both of these. Commissioner Phillips asked that Commissioners be provided copies of the complete Comprehensive Plan and Zoning Ordinance rather than the excerpts previously provided, as well as Subdivision Regulations and Thoroughfare Plan, and Thompson promised that these will be provided at the next meeting. Thompson stated that future meetings must emphasize such discussions of the Comprehensive Plan until any needed revisions are identified. The engineer is waiting new land use projections of a revised Plan in order to recommend new infrastructure impact fees and sizing of various utilities, or developments must proceed according to the current Plan. Commissioners generally discouraged meeting weekly. Thompson said that a tour may be planned for the next meeting if a light agenda allows it, while later sunsets continue to provide light. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to adjourn the meeting at 10:10PM jy 6rLCh C s S ely, Chairman M Br ley, Secretary AFFIDAVIT STATING CONFLICT OF INTEREST STATE EXA S COUNTY OF CLIP COMES NOW,, (24qe./ F.4 , (Affiant),of Iawful age and upon being first duly sworn alleges and states the following: Afilant is a member of the &API) ofthe City of Wylie, Texas,which is presently considering or soon will be considering taking action (via vote or decision)which concerns a business entity or real estate,to wit: , Ait LAY- r.}) AçOC(N ,to which the affiant has substantial interest, on the basis of the following: c , Ownership of 1 % or more ofthe voting stock or shares of the business entity; or Ownership of either 10% or more, or$15,000 or more of the fair market value of the business entity; or Funds received by the affiant from the business entity exceed 10% of the affiant's gross income for the previous year: or Ownership of a legal or equitable interest in subject real estate with (said interest) having a fair market value of $2,500 or more: or Is related to a person(in the first deuce, by consanguinity or affinity, as determined under Chapter 573, Government Code), who has a substantial interest as such term is defined in Subsection 171.002 of the Local Government Code. Affiant further acknowledges that they are required to abstain from further participation in the matter, if, a) In the case of substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguished from the effect on the public; or b) In the case of a substantial interest in real property,it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public, Provided however, that such abstention shall not be required if a majority of the members of the above named governmental body are likewise required to file, and do file, affidavits of similar interest on the same official action. per, AFFUNITAMPITI N T Notary Public ' State of Texas ("7 .c ---4--- Affiant Subscribed and Sworn before me the undersigned notarypublic, the above named 1� C ,this 151hday of ,slig4c/Cal a4;1750.:Nirr'L-' Notary Public Revised I/9